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M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
....nt, contended that the decision of the High Court of East Pakistan was wrong inasmuch as it did not correctly interpret the special clause in the bill of lading which aimed at protecting the shipowners in the circumstances mentioned therein. The clause in the bill of lading which has raise......ourt are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 358
Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)
....e others; mere nonparticipation in the profits by one party and exclusive occupation by the other is not conclusive. Apart from this we have the important circumstances that in this case the rightful owner, the second plaintiff Ramnibas, who, when a child a few months old was taken in adoption in 18......gh Court Division (Civil Appellate Jurisdiction) Present: S. M. Husain J Abbas Sheikh & another......................Defendant-Appellants Vs. Md. Abu Hossain Sarkar and others ........Plaintiffs-Respondents Judgment June 7, 1977. Result: The app......ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407. ..Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2
Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)
....e level as a suit for partition. It is not correct to say that when a particular piece of land or share thereof is transferred, a right of pre-emption arises, against all the co-sharers or contiguous owners, as the case may be. It may have accrued in favor of all the co-sharers of the seller of the ......Civil Revisional Jurisdiction) Present: Ranadhir Sen J Tahurul Karim @ Tahurul Karim Khan Chowdhury………………Petitioner Vs. Abdul Hashim and others……………………………........since Hashim made his application on 10-6-69 it must fails because it is made after the expiry of the earlier period on 20-5-69]. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 8. ..Category: Property Law | Date: 7 Jun, 1977 | Hits: 5
Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
....nly not allowed in the said Admiralty Suit. Both the appeals were heard analogously and are being disposed of by this judgment. 2. Respondent No.1 (plaintiff No.1) in Appeal No.12 of 1967 is the owner of the Vessel "M.L. Jalamoni" Haji Mohammad Suruj Miah trading under the name and st......149. ......ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
Taferuddin Pramanik Vs. Tahmina Khatun and others, 1977, 6 CLC (HCD)
....arises out of a proceeding under section 96 of the East Bengal State Acquisition and Tenancy Act. 2. The case of the pre-emptors in Miscellaneous Case No.234 of 1966 was that they were owner of the land contiguous to the land under pre-emption. The same was sold by the opposite party ......ion) Present: Abdul Wadud Chowdhury J Taferuddin Pramanik……………………………Petitioner Vs. Tahmina Khatun and others…………………Opposite Parties Judgment ......circumstances of the case I make no order as to costs. Let the records for the sent down expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 417. ..Category: Property Law | Date: 8 Mar, 1977 | Hits: 3
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
....2 was published whereby the Ministry of Communication temporarily constituted Management Board and appointed Administrations for three regions to conduct the affairs of shipping firms, ship owners, Inland Water Transport Companies and commercial firms dealing in Inland Water and Sea T......e Division (Civil) Present: Syed AB Mahmud Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Fazle Munim J Govt. of People's Republic of Bangladesh and others……………..Appellants Vs. M/s. Speedbird Navigati......awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ..Category: Others | Date: 27 Jan, 1977 | Hits: 217
....reated by the plaintiff the ready stock of the second requisition order of the 26th September could not have been disposed of. The Govt. lawfully determined the account of compensation payable to the owner of the requisitioned properties. The sale proceeds of the goods of the first requisition are s......DLR (HCD) (1978) 355.
......ault, the decree will be executable after serving proper notice on the Government.
S.M. Mohsen Ali J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 355.
..
Category: Civil Law, Others | Date: 24 Aug, 1976 | Hits: 3
Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)
....osed relating to a period subsequent to July 13, 1956 under the amending Act. It was open to the Government agent under section 4(2) of the original Ordinance to serve a notice on the registered owner of the vehicle to pay a tax, after which the default and penal provisions could be applied. Fr...... as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ...... already been considered by us. In the result, all the twenty-eight appeals are allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
....3. 73 passed by the government by which the lands in question; were withdrawn from acquisition under section 8B of the Emergency Requisition of Property Act, 1948. The petitioner who is the owner and proprietor of Stall No. 185 of the Chittagong Development Authority, New Market Hawker'......urt Division
(Special Original Jurisdiction)
Present:
Fazle Munim J
Shahabuddin Ahmed J
Abdul Mannan................................Petitioner
Vs.
Ministry of Land Administration and Land Reforms,
Govt. of Bangladesh………….............
The Rule is, accordingly, made absolute;
We, however make no order as to costs.
Shahabuddin Ahmed J.—I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 597
..
Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
....g thereon was requisitioned under section 3 of the East Bengal Emergency Requisition of Property Act. 1948 for the petitioner which is a College of Music, respondents 4 and 5 are two of the owners of the requisitions property. As the property was alleged to be requisitioned at the instance......July 30, 1975.
Result:
The rule is discharged
Lawyers Involved:
Mirza Golam Hafiz, with Md. Abdul Aziz—For the Petitioner.
M.M. Haque, A.A.G.—For Respondent No. 1 and 2.
Ahmed Subhan with A. Hasib and A.Y. Salehuzsaman—For Respondent Nos. 4 and 6.
......s order.
In the result the rule is discharged without any order as to cost.
Shahabuddin Ahmed J. — I agree.
This Case is also Reported in: 27 DLR (HCD) (1975) 487
..
Category: Property Law | Date: 30 Jul, 1975 | Hits: 3
Abdur Rashid and another Vs. Government of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)
....p;…Respondent Judgment May 22, 1975 Result: The Rule is made absolute In the presence of any family member no property can be treated as abandoned property even if the owner of the property is absent— The owner may be absent or his whereabouts may not be kn......nbsp; ......is made absolute. We, however, make no order as costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 614 ..Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7
....cumstances a man acts at his peril and is responsible for accidental harm, independently of the existence of either wrongful intent or negligence.
34. The facts of the said case were that a mill-owner employed independent contractors for constructing a water reservoir on his land for supplying ......;
...... far as this appeal is concerned.
A.S. Faizul Islam Choudhury J.-I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 628
..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)
....against an order of Award dated 31. 8. 73 passed by the Court of Tribunal constituted under the President's Order No. 13 of 1972. 2. The facts, shortly stated, are that the petitioner who is owner in possession of the holding No. 730 (New) being No. 740 (old) of Mouza Anderkilla, known as T......975 Result: The Rule is made absolute. Cases Referred To- Farquharson Vs. Morgan, Queen’s Beach Division (1), 1894, 552 at page 558; Lord Denman in Bodenham Vs. Rickets; Lal and others Vs. The Crown, reported in 6 DLR (P.C.), 38 Lawyers involved: M. H. Khandker-Fo......esult, the Rule is made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 611 ..Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
....ed 14-7-1960, allowed the appeal in part, holding that Char Ananda part III which was a Govt. Estate having reformed in the old site, the Government could claim by virtue of its title as the original owner and as such the fight of accretion could not be claimed by the plaintiffs in respect of such l...... Vs. Babu Indu Bhusan Gupta & others ................Respondents Judgment April 17, 1975 Result: The appeal is dismissed. Cases referred to- Satyadhran Ghosal and others Vs. Smt. Deorajin Debi and another, A.I.R. 1960 (S.C.) 941; Sundar Ahir and others Vs. Ph......g been disposed of the rule stands discharged without any order as to costs. S. M. Mohsen Ali J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534 ..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)
....ule was obtained by the plaintiffs, who instituted a suit in the 2nd Court of Subordinate Judge, Sylhet where they made the following prayer. “A) A declaration that the plaintiff being the owner of the suit properties and that the S/properties not being enemy property as contemplated by l......sion (Civil Revisional Jurisdiction) Present: A. I. Chowdhury J K Hossain J Sree Sree Radha Krishna Deities..........................Petitioner Vs. Bangladesh and others.......................................Opposite parties Judgment March 5, 1974. ......e without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. ..Category: Property Law | Date: 5 Mar, 1975 | Hits: 2
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
....a permanent injunction restraining the defendants from taking any step in pursuance of the said requisition notice dated 19. 4. 57. 2. It has been stated in the plaint that the plaintiff was the owner of C. S. Plot No. 696 and northern portion of C. S. Plot No 692 at Mouza Dhanmondi, that after......diction) Present: D.C. Bhattacharya J Faizul Islam Chowdhury J Md. Nur Hossain………………...................Appellant Vs. Bangladesh and another…………………..Respondent Judgment ......rties shall bear their respective costs throughout. A.S. Faizul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 541 ..Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2
....ed earlier.
7. On the question of legality of the auction sale the learned Subordinate has taken the view that what is required under section 176 of the Contract Act is a notice to the owner of the goods, which were pawned as security for the loan, of the intention of the Pawnee to se...... - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
...... the satisfaction of the decree passed in Money Suit No. 3 of 1960.
A.S. Faizul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
..
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Abdul Wadud Sikder and ors Vs. State, 1974, 3 CLC (HCD)
....haran Das of Chanshi P.S. Gournadi, District Bakerganj and these deeds were registered at Gopalganj under deed 2423,2433, 2434 and 2435 dated 19-4-62. The purpose was to deceive and deprive the legal owner of these plots of land and as such the persons mentioned above committed offence under section...... DLR (HCD) (1978) 237. ......ute. The accused petitioners who are on bail are discharged from their bail bonds. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 237. ..Category: Criminal Law | Date: 4 Jun, 1974 | Hits: 2
Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
....that by the deed of agreement in question no right other than the right of management was intended to be vetted on the plaintiffs, title to the properties in suit having remained with the actual owners, namely, the defendants No.1 and 4 and so the plaintiffs being merely agents of their pr......visional Jurisdiction) Present: A. M. Sayem CJ D. C. Bhattacharya J Mrs. June Ferguson & others.............................Petitioners Vs. Ameenur Rasheed Chaudhury and others..........Opposite Parties Judgment July 5, 1972. Result: The rule is ......ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem, CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1 ..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 1992, 21 CLC (HCD)
.... No. 60 of 1981) should not be set aside. 2. Plaintiff is the petitioner before this Court. It was his short case that the suit land was leased out to the plaintiff and one Azahar Bahadur by the owners of the property in 1351 BS on receiving salami and also at a rental of Taka 2.25 by issuing A......Laxmi Kanta Roy……………………………………………Petitioner Vs. Upazila Nirbahi Officer and another………………...Opposite Parties Judgment Ma......eby set aside and those of the trial Court are hereby affirmed. Send down the lower courts record immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 136. ..Category: Property Law | Date: 3 May, 1972 | Hits: 4
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